Fulfills Articles 19 & 21: Delhi High Court Observes In Wangchuk’s Transfer To Medanta, Permits Wife Unrestricted Visits
The Court has also directed Wangchuk to abide by the treatment/protocol in terms of the opinion of the medical team of Medanta.
The Delhi High Court disposed of an intra-court appeal filed by Gitanjali Angmo, directing that her husband, climate activist Sonam Wangchuk, be immediately shifted from Safdarjung Hospital to Medanta Hospital in Gurugram.
The Court has directed that Angmo shall be allowed to visit her husband as and when she desires. It also added that the Wangchuk shall abide by the medical norms and protocol given to him by the team of doctors.
The Court ruled that allowing Wangchuk to receive treatment at a medical facility of his choice fulfils his fundamental rights enshrined under Articles 19 and 21 of the Constitution of India.
The Division Bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia directed, "We accordingly direct that the husband of the appellant shall immediately be shifted to Medanta Hospital at Gurgaon. The Director of Medanta Hospital shall form a team of doctors having requisite expertise which shall constantly monitor the medical condition of the husband of the appellant and shall also administer the medication as may be required in their opinion in terms of accepted medical norms and protocol, to which the husband of the appellant shall abide. So far as access of the appellant to her husband during the course of hospitalization at Medanta Hospital is concerned, in addition to the medical protocol in this regard which is being observed at Medanta Hospital, she shall be allowed to visit her husband as and when she desires. The instant appeal is disposed of in the aforesaid terms."
Senior Advocate Akhil Sibal appeared for the Appellant, while Solicitor General Tushar Mehta appeared for the Respondents.
The Court in its order said, "However, Shri Sibal, appearing for the appellant, has raised an argument regarding alleged violation of the fundamental rights of the husband of the appellant enshrined under Articles 19 and 21 of the Constitution of India. Having regard to the submissions made by learned counsel for the parties, the opinions expressed by the doctors present, and the concerns raised by them, we are of the opinion that the husband of the appellant ought to be shifted to the hospital of his choice. In the hearing of this matter before the Court yesterday as also today, on behalf of the appellant it has been stated that the appellant's husband can be medically taken care of at Medanta Hospital, Gurgaon, which is the hospital of his choice. We are also of the opinion that in case the husband of the appellant is shifted to Medanta Hospital at Gurgaon, that will be in fulfillment of the requirements of ensuring his fundamental rights enshrined not only in Article 19, but Article 21 as well."
The legal dispute originated when authorities shifted Wangchuk from his hunger strike site to Safdarjung Hospital in New Delhi, citing severe health risks following a prolonged fast of approximately 17 to 18 days.
A Division Bench previously observed that every citizen's life is precious and directed the government to daily monitor Wangchuk's health clinically and take necessary medical steps to safeguard his condition.
Wangchuk’s wife subsequently filed a writ petition seeking his transfer to Medanta Hospital. However, Justice Mini Pushkarna declined interim relief, observing prima facie that state intervention to protect his life did not amount to unlawful detention or an infringement of personal liberty.
Challenging the Single Judge's refusal, Angmo filed an intra-court appeal (LPA). The Division Bench ordered Safdarjung Hospital and the appellant to submit all underlying blood and urine test reports, along with medical bulletins, and summoned expert doctors to assist the Court.
With the Division Bench's directions allowing his transfer to Medanta Hospital, both the appeal and the underlying writ petition stand disposed of.
Cause Title: Gitanjali J Angmo v. Union of India & Ors. [LPA 539/2026]